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NOTICE REGARDING CHECKS PROVIDED FOR PAYMENT

Beginning April 1, 2015, the New Mexico Secretary of State’s Office will start utilizing the Conversion of Checks to ACH banking services through Wells Fargo Fiscal Agent Banking Services. This service evaluates checks for conversion eligibility and then, if applicable, converts the checks to an ACH debit transaction. The ACH transaction is then charged to the consumer's bank account instead of the paper check. This is official 30 day notification to our customers, taxpayers, and other payees that your checks received for payment may be converted to an ACH debit transaction.

''When you provide a check as payment to the Secretary of State, you authorize the State of New Mexico to either use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.”

The New Mexico Secretary of State serves as the agent for service of process for domestic and foreign (out of state) corporations and limited liability companies in certain limited statutory instances. Service may be made through the Office of the Secretary of State, Operations Division. The Secretary of State carries out this function under the authority of the New Mexico Statutes Annotated 38-1-5 NMSA, 38-1-5.1 NMSA, 38-1-6 NMSA, 38.1-6.1 NMSA, 53-17-15 NMSA, 53-14-7 NMSA. In order to ensure that your service is complete and, to avoid any delays, the Secretary of State recommends before serving process to review the statutes listed below at the bottom of the page.

Requirements for Service of Process

1. Two copies of the process (summons and complaint)

2. Affidavit citing the statute under which the service is to be served and fulfilling the mandated elements listed within the statute

3. $25.00 processing fee in check or money order

4. Last known address of the defendant being served

*****No process will be forwarded until all of the above requirements are met.*****

Reasons for Refusal

1. Insufficient number of copies of the summons and complaint

2. No address listed for the defendant

3. $25.00 processing fee not included

4. No affidavit

5. Attempting to use the office instead of following another state's subpoena rules

To view statutes click below.

Disclaimer - A Word of WarningDespite our good faith efforts to be accurate, these pages and our databases may contain inadvertent errors. Please email us immediately if you notice an error. Also, please remember that website information is not a substitute for researching the law or for the advice of a competent attorney.